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Blizzard Shuts Down Popular Fan-run 'Pirate' Server For Classic WoW (arstechnica.com)

An anonymous reader writes: Blizzard is threatening legal action against the popular "pirate" servers for World of Warcraft. The Nostalrius servers have been operating for nearly a year, running version 1.12 of the original World of Warcraft as it existed in 2006. Admins say that 800K registered accounts and 150K active players were working through quest progressions reproduced to precisely match the game of a decade ago. Nostalrius' team says its French hosting provider has been issued a formal letter asking it to shut down the servers or face a potential copyright infringement lawsuit as hosting private servers is explicitly against Blizzard's Terms of Use. Blizzard says the rule "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers -- it simply boils down to the fact that private servers are illegal, and that's that." Nostalrius' servers will be shut down on April 10, but the team says it "will still be publicly providing everything needed in order to setup your own 'Nostalrius' if you are willing to."

266 comments

  1. Expected different by Anonymous Coward · · Score: 0

    So you run a server that is illegally hosting copyrighted and trademarked material, and you expect not to get shutdown?

    1. Re:Expected different by Anonymous Coward · · Score: 5, Informative

      It isn't doing that. It's just emulating what a Blizzard server would do, and an official Blizzard client interprets the results. There's no Blizzard copyrighted material on the server, and the clients that do all this are distributed by Blizzard themselves. This is more DMCA crap, and I guess they figured out how to expand their reach to France. Mirroring a service is still legal in most of the world, after all.

    2. Re:Expected different by Anonymous Coward · · Score: 1

      Hmm, interesting. IANAL but if you're a host and a customer of yours is running something that violates a EULA or TOS for someone else's software I don't see that as a legal issue for the hosting provider. Normally, Blizzard or whoever would have to get a court or mediator to order the violator to shut things down. If they don't then they can tell the host to. Right? What am I missing?

    3. Re:Expected different by mark-t · · Score: 1

      Where did you see that they were hosting any copyrighted content?

    4. Re:Expected different by Hylandr · · Score: 2

      Blizzard TOS violations would mean you are not allowed to use Blizzard's services. It has no control over what other people connect their clients to.

      I see an interesting legal challenge coming from this.

      --
      ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
    5. Re:Expected different by Anonymous Coward · · Score: 0

      All the "content" is on client-side, the server was their own software implementing the WoW API. The only thing that could be considered "derivative works" would be the clipping regions which would have had to have developed by parsing the client-side map data.

    6. Re:Expected different by Lead+Butthead · · Score: 2, Informative

      This is more DMCA crap, and I guess they figured out how to expand their reach to France.

      For the Americans, remember it was the Clintons that signed DMCA into law.

      --
      ELOI, ELOI, LAMA SABACHTHANI!?
    7. Re: Expected different by ArmoredDragon · · Score: 0

      The DMCA was just the bill meant to change US law to fulfill the agreed requirements of the WIPO treaty. The WIPO treaty also applies to France. And yes, it was the Clinton admin who lobbied hard for that diplomatically. In other words, yes, bubba was also president of France, figuratively speaking.

    8. Re:Expected different by Anonymous Coward · · Score: 5, Informative

      For the people like yourself, the person who wrote the bill was a Republican Howard Coble and it had unanimous support from all Senate Republicans

    9. Re:Expected different by fustakrakich · · Score: 1

      Since the law isn't going to change any time soon, we just have to make them mobile, so they can't be shutdown. SCUD servers, more dangerous than an Iraqi missile.

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:Expected different by Anonymous Coward · · Score: 0

      You are responding like a technician, pointing out technical details that seem to skirt the letter of the law.

      Actual lawyers laugh at you for this. The spirit of the law dominates in this interpretation. Your little technical workaround falls flat. Servers that can run World of Warcraft are protected by Blizzard's copyrights, and that is exactly what these servers do.

      They win, you lose, technicalities be damned.

    11. Re:Expected different by MalleusEBHC · · Score: 2

      It has no control over what other people connect their clients to.

      Interestingly, and perhaps tellingly, the 1.12 WoW client refers to an editable, plaintext file (realmlist.wtf) to decide what server to connect to. Blizzard gave users the ability to choose which server to connect to, and now they are mad that users exercised that ability to connect to reverse-engineered servers.

    12. Re: Expected different by Anonymous Coward · · Score: 0

      Please list your citations that show how technical workarounds are not legitimate. Make sure to include the ones that apply to patent and copyright law.

    13. Re: Expected different by Anonymous Coward · · Score: 0

      Yeah, it depends on how they wrote the server. If they got a guy who never clicked the EULA to do a white-room implementation I don't see how Blizzard would have any footing.

    14. Re:Expected different by Anonymous Coward · · Score: 0

      Are they using Blizzard's artwork? Are they using Blizzard's quests? Are they using Azeroth?

      If so, each of those things is copyrighted. It's just like when they pulled down a guy's StarCraft remake from Github. It wasn't over the fact he remade the game, he was making their artwork publicly available and was not licensed to do so.

      Not to mention as it has been pointed out, the Terms of Service states you do not own your account or the software. They do.

    15. Re: Expected different by Anonymous Coward · · Score: 1

      As if harmonizing US law with deliberately draconian globalist copyright law is an excuse.

    16. Re:Expected different by Anonymous Coward · · Score: 0

      > Actual lawyers laugh at you for this.

      They also live in a world where all the characters from the shut down server are going to one of the other... hundred? It's at least dozens. Not just the players- in some cases they are actually getting to transfer their characters.

      Lawyers can laugh all they like. They don't write reality.

    17. Re:Expected different by ewibble · · Score: 1

      I would argue that the spirit of the law is to protect creators of content from loosing money. From the summary:

      Blizzard says the rule "isn't an issue because of 'lost' subscription fees ...
      it simply boils down to the fact that private servers are illegal

      So what they are saying is, it doesn't effect us but stop doing anyway, its illegal. Note illegal != wrong. How can it be wrong if it is not hurting anyone.

    18. Re:Expected different by Anonymous Coward · · Score: 0

      Quest and NPC data, among other things, are sent from the server to the client. As such, copies of a fairly large amount of copyrighted material do reside on the server. The server program itself is (probably -- it depends on how it was developed and where) not breaking laws, but the content it sends certainly is.

    19. Re:Expected different by Anonymous Coward · · Score: 1

      > Are they using Blizzard's artwork?

      Not by running a server, they aren't. The server just handles technical stuff, it doesn't push artwork. The artwork lives in the client. Blizzard distributes the client.

      > Are they using Blizzard's quests?

      Not by running a server they aren't. The server just handles technical stuff, it doesn't push quest text. The quest text lives in the client. Blizzard distributes the client.

      > Are they using Azeroth?

      Not by running a server they aren't. Azeroth lives on the client. Blizzard distributes the client.

      > the Terms of Service states you do not own your account or the software.

      The EULA is what you are thinking of, and that's how they would approach it. They would say that the EULA means you forfeit all your rights, and then the DMCA applies, and they can sue that way. That's what they did before. It's bullshit.

    20. Re: Expected different by LocalH · · Score: 3, Informative

      Actually, the spirit of the law was to provide a limited period of exclusivity in order to entice people to create, with the ultimate goal being to enrich the public domain. We all know how well that's working out...

      --
      FC Closer
    21. Re:Expected different by Anonymous Coward · · Score: 1

      Yep, it's default location is "C:\Program Files\World of Warcraft\Data\[locale]\realmlist.wtf" and that WTF file is still there today in the current client doing the exact same thing that it always had.

      If anything Blizzard is directly allowing anyone to change the server the client uses. Or is editing the content of a completely unprotected AND unverified text file now a felony? Because if you can't even touch something that has absolutely no protection nor verification done to it, then the DMCA has hit a new low. The DMCA bans circumventing a "technological protection measure", the realmlist.wtf file has absolutely no protection on it, and the client seems perfectly willing to allow a connection to a non-blizzard server. So what "technological protection measure" has been "circumvented" here?

      On a somewhat related note: You can't play the original WoW anymore. The official Blizzard servers only run the most up-to-date version of the game, with no option for the user to play with only the older content. Recently, they completely changed the damn maps, quests, mobs, gameplay elements (Flight is now possible in older areas (starting areas) where it was banned previously), etc. to reflect the changes in the story brought about by their Cataclysm expansion pack, which among other things makes the story darker, and all areas (to at least some extent) more bleak. Why should people who don't want that content have it forced upon them? Now some people will read this and say: "Well if you don't like it, Fuck you." I say, if Blizzard wants to have that world fine, but if they have no interest in maintaining the older game world, they shouldn't be going after those who prefer it. Those people were discarded by Blizzard as customers when they chose to not maintain the older world. If those former customers wish to maintain the older world on their own, with their own resources, then they should be able to. If Blizzard doesn't like the inability to force it's one true vision upon the world, then it (along with those like them) can go pound sand.

    22. Re:Expected different by Anonymous Coward · · Score: 0

      It's still Blizzard's intellectual property and it is still in violation of Blizzard's Terms of Use which states they own everything. Not to mention the EULA also forbids reverse engineering.

    23. Re:Expected different by Anonymous Coward · · Score: 0

      hate to break it to you - but you don't OWN the software on your computer. You pay $ sometimes . maybe you get it for free - it doesn't matter .. The company (and/or person) who wrote it includes a TOS or agreement that you have to say YES to in most cases. Answering yes allows you to use the software.. not own it. If they say you can only use the software on a leap year feb 29. and you agree to it.. well if they catch you using it on Feb 27.. you are using it against their terms. Guess what they can come after YOU for that.. not the calendar maker. Or if they say it can only connect to XYZ servers.. and you somehow figure out a way to connect to ABC servers.. YOU violated the Terms.

      On a secondary note - the whole bullshit over there's no blizzard code on the server... If i was to reverse engineer Lotus 123 that existed back in 2001 while never seeing any lotus 123 code - does that allow me to put out my own Notus 123 version and not expect to be sued by everyone and their brother? If it acts the same and looks the same? Somehow you all are delusional thinking you are legally allowed to do this.

      Its not fair.. well i suggest you petition to change the laws . (good luck with that).. and if i was the Author of the software sorry i would protect my assets too. You don't like it.. please don't buy it.. When the TERMS come up.. SAY NO. .return it and get your money back. (or don't buy it in the first place)

    24. Re:Expected different by Anonymous Coward · · Score: 0

      another note - they didn't write that server code in a vacuum. They HAD to use a blizzard CLIENT to test it .. So by the very act of creating the server they VIOLATED the TOS. End of story. Turn the lights out.

    25. Re: Expected different by Anonymous Coward · · Score: 1

      I'm pretty sure the quest text/data actually lives on the server, or at least it used to. I dabbled with private WoW servers briefly about 9 years ago and the private servers needed constant database updates to fix quest bugs.

    26. Re:Expected different by Anonymous Coward · · Score: 0

      There's no such thing as intellectual property. This violates nothing, not even copyright law- when they sue private servers, they use the EULA and the DMCA.

    27. Re:Expected different by Scoth · · Score: 3, Interesting

      I poked around with running a private server for funsies at one point years ago mostly for my own use, and virtually everything is controlled by the server. NPCs' locations, models, and dialogs, any scripting involving NPCs, monster spawn locations and attacks/spells/etc, Quests, quest text, any scripting that goes along with the quests, things like levelups and level caps, skill-handling... the server pretty much makes it the game. Without that you're just running around a dead, empty world. There were quite a few database sets of quests too - from full blizz-like (advertised as such) that attempted to recreate the official experience as closely as possible to various remixes and tweaks (mostly involving massively overpowering everything).

      And even for things in the client, even if Blizzard distributes it for free, it's still their client. I'm pretty sure you have to accept the EULA before you even log in. It'll be an interesting court case all the same.

    28. Re: Expected different by Anonymous Coward · · Score: 2, Funny

      I just edited the EULA to say Blizzard owes me a pizza before I accepted it.

    29. Re:Expected different by Baloroth · · Score: 1

      There's no Blizzard copyrighted material on the server,

      Yes there is. The data is copied from the clients (which is why it's possible to create such servers in the first place), but the server does need a copy of them. Things like mob locations, walls, vendors, banks, etc. all need to be known to the server. That means using Blizzard data, unless you want to replicate the entire WoW map from scratch (and that would violate copyright, anyways).

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    30. Re: Expected different by Anonymous Coward · · Score: 0

      Have you ever paid money for software, read the terms, said no and gotten a refund?

    31. Re:Expected different by Anonymous Coward · · Score: 0

      What data is copied from the clients to the server? You don't make any sense.

    32. Re:Expected different by Anonymous Coward · · Score: 0

      "For the Americans, remember it was the Clintons that signed DMCA into law."

      Well, one of them, maybe.

    33. Re: Expected different by Anonymous Coward · · Score: 3, Informative

      Case law has spoken.

      Here's a good one. People tried to work around copyright law by saying things like "we don't provide infringing content, we just provide a data-sharing service" and got slapped down. Also, people said "this is fair use because we are just sharing our copies with our friends, not selling them." and got slapped down.

      Here is a surprising familiar example, from 6 years ago, when blizzard won this same case for this same reason.

      Here is an earlier instance of the same thing, but this time emulating battle.net for private games of starcraft and diablo. Same result too: the technical workaround didn't actually work around the law.

      The attempt to evade law through technical workarounds is much older than computers. For example, people try to gain citizenship status by marrying a citizen, only to learn (the hard way) about shame marriages, and how the government can and will split you up and deport your spouse, and slap you with a conviction on top of it.

      Or the fun trick of escaping student loans by transferring the debt over to credit cards, and then declaring bankruptcy. This is fraud and it will land you right in jail.

      The justice system has seen every scheme you can think of, including every with-computers "not technically illegal" scheme you can think of, and have slapped the grifters down for it every time. When you try to pit your technical cleverness against the government's lawyers, expect a beat-down.

      Also....the present article is just another case to add to the above list.

    34. Re: Expected different by Anonymous Coward · · Score: 2, Insightful

      That might have been the original spirit of the law. That is most certainly not the spirit of the DMCA. The intent is to ensure that digital products are kept artificially scarce, so that the rights-holders (not the content creators) can extract continual revenue streams from them.

      Especially in the case of computer software, the goal is to pay cheap programmers in foreign countries pennies to make software which America then owns and can demand that those same countries pay big bucks to use.

      This is the spirit of the law, and its enforcement is made clear by even the most casual of reviews of case law on the topic. I know you don't like it, I know you think it is philosophically absurd and completely unjust. But it's the law, and this is the spirit of the law, and this is exactly what is being enforced, as the present article demonstrates.

    35. Re:Expected different by Anonymous Coward · · Score: 0

      Most of what is on the server is a copy of the client. That's because in order for the server to have knowledge of the player's locations in the world, it has to have a copy of the world. And vice-versa - all the player's clients has to have a copy of the same world the server has.

      When you build a WoW private server, you extract the world data from the client into a database on the server.
      No one has reverse-engineered WoW
      If you use someone's package, that package was created from the WoW client.

    36. Re:Expected different by L.+J.+Beauregard · · Score: 1

      For the Americans, remember it was the Clintons that signed DMCA into law.

      So vote Republican.

      --
      Ooh, moderator points! Five more idjits go to Minus One Hell!
      Delendae sunt RIAA, MPAA et Windoze
    37. Re: Expected different by Anonymous Coward · · Score: 0

      So vote Libertarian. FTFY

    38. Re: Expected different by davester666 · · Score: 2

      It's never just "harmonizing". It is always "harmonizing + a little/lot more", so other countries then need to "harmonize" to your laws, but they also do the "harmonize + more", then you have to do it.

      It's always sold as "just making it an even playing field", but it always actually is tilting the table more and more towards large corporations relying on copyright for their existence.

      --
      Sleep your way to a whiter smile...date a dentist!
    39. Re:Expected different by Anonymous Coward · · Score: 0

      This is more DMCA crap, and I guess they figured out how to expand their reach to France.

      For the Americans, remember it was the Clintons that signed DMCA into law.

      Yes, Clinton sucks, almost half as hard a Trump.

      The difference between Trump and Clinton is that when confronted with a misdeed Clinton will have shame and try to avoid the question and Trump will look you in the eye and say: Yes, I screwed you over, what are you going to do about it dipshit?

    40. Re:Expected different by Anonymous Coward · · Score: 0

      They aren't using ANY of Blizzard's IP, you stupid fuck. They created their own server from scratch, you stupid fuck.

    41. Re:Expected different by Anonymous Coward · · Score: 0

      If i was to reverse engineer Lotus 123 that existed back in 2001 while never seeing any lotus 123 code - does that allow me to put out my own Notus 123 version and not expect to be sued by everyone and their brother? If it acts the same and looks the same? Somehow you all are delusional thinking you are legally allowed to do this.

      I'm guessing that you must be pretty young and/or know next to nothing about the history of software.

    42. Re:Expected different by Anonymous Coward · · Score: 0

      In other words, it works the same way as when using Samba to get Windows to think a Linux server is actually a Windows file server.

      European copyright law explicitly allows compatibility (including reverse engineering to make something compatible), so this should be legal. But then again, it's Blizzard. Comparing the Steam and Battle.NET licenses, the Steam license has exceptions for all the parts that are against EU law, the Battle.NET license does not. So, my guess would be that Blizzard has not even consulted a French lawyer, they just try to apply US law.

      And finally, what TOS? The EULA is for the software, a TOS is normally for connecting to the servers. But this is not a Blizzard server, so no Blizzard TOS will be needed to connect to it. Unless this is a proxy server (highly unlikely that a Proxy could change a gameplay like that), there is no Blizzard server involved. So again, what TOS?

    43. Re:Expected different by Anonymous Coward · · Score: 0

      Honest question from an EU person who only played the free up to lvl 20 WoW version:
      Can I start producing a car that looks exactly the same as an old Ford model? It would be of my own design (meaning I looked at the parts of the real thing and made my own), but would look exactly the same as the real thing. In the US am I violating copyright? If this case is different, how so?

    44. Re:Expected different by SuricouRaven · · Score: 1

      And if it had been a republican in office, they'd have done the same. The DMCA was a required law to meet obligations under a WIPO treaty, and as copyright law was a subject of approximately zero public awareness at the time (and barely more than that now) neither side had any reason to resist the influence of the entertainment industry - a sector both politically influential and generous with campaign contributions.

    45. Re:Expected different by jandersen · · Score: 1

      Wouldn't they (Blizzard) actually benefit more from being good sports and allowing this service to continue? Perhaps even by sponsoring them or condoning them officially - there are probably many who wouldn't spend the money to try WoW because they think it isn't their thing, but who might get hooked this way. And I don't think they loose customers - people who are this dedicated would probably also invest in the official game. I'm not a player myself, but it seems like common sense to me.

    46. Re: Expected different by Anonymous Coward · · Score: 1

      US case law has spoken, and France is a US state?

      And yet, even in the US, it doesn't seem to be illegal to emulate a server. The Samba project is doing the exact same thing emulating Windows servers, as these guys are doing emulating WoW servers.

      If it was actually illegal, and not just a couple of confused or bribed judges, Microsoft would have been able to put and end to Samba before Linux became large enough to hurt them.

    47. Re: Expected different by Anonymous Coward · · Score: 0

      Why am I threatening myself? I must be off my meds.

    48. Re:Expected different by Coisiche · · Score: 1

      I guess they figured out how to expand their reach to France.

      Probably wasn't a stretch for them since the European realms' server hardware has always been in France.

    49. Re: Expected different by silentcoder · · Score: 1

      What I find odd is that the many private classic-wow emulating servers clearly proves a market for them exists. 800k accounts is tiny next to official WoW numbers which still more than an order of magnitude higher but they are a potential customer base and many existing players would likely join them but for loyalty to blizzard. So why not make money ? Blizzard could add a revenue stream by partnering with these guys and it would cost them nothing (not even legal fees). Or have one server running classic which players could opt into for little expense to them and likely improve their subscription retention rates.

      Whether or not you approve of what pirate servers do American companies really are excessive in running to lawyers first. This is a missed opportunity to make ready cash from willing customers with no expense.

      --
      Unicode killed the ASCII-art *
    50. Re:Expected different by Coisiche · · Score: 1

      If i was to reverse engineer Lotus 123 that existed back in 2001 while never seeing any lotus 123 code - does that allow me to put out my own Notus 123 version and not expect to be sued by everyone and their brother?

      Er, maybe a bad example since the Lotus name was purchased by IBM and they have an army of lawyers so you'd really be putting yourself in the crosshairs.

      And also, lots of people want to play vanilla WoW but would a 15 year-old spreadsheet be that popular?

    51. Re: Expected different by silentcoder · · Score: 3, Informative

      As far as I can tell - there was no copyright violation by the servers. The users agreed to a T.O.S. that prohibits them to connect to the server however. So I suspect the actual legal argument here is something akin to "provided the means to circumvent" ala DMCA - which really shouldn't have ever been illegal.

      --
      Unicode killed the ASCII-art *
    52. Re:Expected different by jellomizer · · Score: 2

      Was it only Bill Clinton who signed it. I don't see any statement that the First Lady had any responsibility in executive functions.
      As anyone who is married knows your SO doesn't always sees eye to eye with you.

      Judging Hillary Clinton for what her husband does isn't really fair.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    53. Re: Expected different by silentcoder · · Score: 1

      It's a bit unclear - but assuming you're right, from the article it seems clear the quest data was recreated to match vanilla, a lot of that would have to be done from scratch - but if so, that would actually be valid copyright infringement. The text of the quests are clearly copyrightable, so are characters and some of the names are likely trademarked.

      This may well be more about trademark protection than anything else though - if you allow somebody to offer a product substantially similar to yours, with a similar name who isn't you - that can mean losing your trademarks, which are valuable to blizzard. They really wouldn't to allow EA to be able to create EA-WoW "the not similar at all game with no reused content but the same name".

      --
      Unicode killed the ASCII-art *
    54. Re:Expected different by silentcoder · · Score: 1

      Copyright ? No. Patents: possibly, but if the car you recreate is more than 14 years old any patents would be expired.

      --
      Unicode killed the ASCII-art *
    55. Re:Expected different by silentcoder · · Score: 1

      > If it acts the same and looks the same? Somehow you all are delusional thinking you are legally allowed to do this.

      Yes... like all the times Microsoft sued OpenOffice.org for looking and acting exactly like MS-Office (often an earlier version)... or that time they sued IceWM for looking almost exactly like Windows95 (hell it even had a win95 theme). Or when Broderbund sued kgoldrunner for recreating the classic 80's loderunner game exactly. Or the lawsuit from Nintendo against Supertux for a near identical play clone of Mario.

      Actually what you describe is not only perfectly legal - it's done all the time. A clean-room reverse-engineered recreation of a product is not only legal, it's specifically protected as a right by the law.

      --
      Unicode killed the ASCII-art *
    56. Re:Expected different by silentcoder · · Score: 1

      In case you were unclear- all those lawsuits I spoke about never happened, and were never attempted - because they can't be. Those were all perfectly legal software and not even a copyright monster like Microsoft (and this is Balmer's microsoft) thought they could get away with it. All that software exists, is regularly used and downloaded - and is perfectly legal.

      --
      Unicode killed the ASCII-art *
    57. Re:Expected different by silentcoder · · Score: 1

      What... like the old pirate-radio stations that broadcast from ships ?

      Forget the boat-that-rocked, this is the 21st century... here comes the boat-that-torrented (actually - don't most boats do that on a regular basis already ? ... or is that just the worst pun ever ?).

      --
      Unicode killed the ASCII-art *
    58. Re: Expected different by Anonymous Coward · · Score: 0

      So what. Might makes right. You might call for a boycott but with all the WoW addicted out there you would fail. :)

    59. Re:Expected different by dcw3 · · Score: 3, Informative

      Co-sponsored by 6 Republicans and 3 Democrats. Plenty of blame to go around.
      https://www.congress.gov/bill/...

      --
      Just another day in Paradise
    60. Re:Expected different by dcw3 · · Score: 4, Funny

      Yes, Clinton sucks

      Doubtful, or Bill wouldn't have had all those girlfriends.

      --
      Just another day in Paradise
    61. Re:Expected different by dcw3 · · Score: 1

      There's no such thing as intellectual property. This violates nothing, not even copyright law- when they sue private servers, they use the EULA and the DMCA.

      Certainly not in your mind, but in the real world, you know the one with judges, lawyers, etc., they'll gladly remove funds from you to make you suffer for being an IP denier.

      --
      Just another day in Paradise
    62. Re:Expected different by Talderas · · Score: 1

      The game that existed in vanilla WoW is long gone and doesn't resemble the product they peddle. Someone who tries these pirate servers then gets a WoW account will likely give Blizzard one month's subscription. The market for these servers is not new WoW players. It's veterans that have become disillusioned by where the game has gone and yearn for the 'good old days' of vanilla WoW.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    63. Re:Expected different by Anonymous Coward · · Score: 0

      Well fuck all 9 of them

    64. Re:Expected different by Anonymous Coward · · Score: 0

      To get elected to the senate she claimed her experience in the white house.

    65. Re: Expected different by pchasco · · Score: 1

      I had been a frequent player on Nostalrius. I did play on Nostalrius because I wanted to save a few bucks on the monthly fee; I just prefer the game as it was before the expansions. That being said, I think you are oversimplifying just what the game server does. Blizzard's copywriter extends to more than the game art, object models and audio. There is also lots of copy (quest dialog, NPC dialog etc.), as well as world geometry that is indeed stored on the game server. At times this information may be sent to the client. Much of this information is extracted and generated from the WoW client data, but much of it has also been reproduced, copied verbatim from various sources. Nostalrius are violating the copyrights held by Blizzard, and that's a fact. It's a shame, though. I was really enjoying the vanilla WoW experience that I had loved when the game was in its infancy and shortly after the first expansion was released.

    66. Re: Expected different by pchasco · · Score: 1

      *didn't want to save a few bucks on the monthly fee. Oops. To clarify I'd gladly pay the 18 bucks to Blizzard to play a version of WoW that I enjoy.

    67. Re: Expected different by Anonymous Coward · · Score: 0

      No boycott is necessary, just people who will run a server and there are plenty out there.

      How many times have governments and/or companies tried to censor things like Wikileaks or The Pirate Bay? And yet they still exist and always will.

    68. Re: Expected different by Anonymous Coward · · Score: 0

      It's about maximizing their money to effort ratio.
      They likely have some numbers that tell them supporting older content servers would not be as worthwhile. Because it's not just the cost of hosting old servers, it's game admins, additional web forum admins, tech support, etc.

      Also many of these private servers are free to play, and it's unlikely that blizzard wants to compete with that business model.

    69. Re:Expected different by Anonymous Coward · · Score: 0

      That's because in order for the server to have knowledge of the player's locations in the world, it has to have a copy of the world.

      You don't understand a thing about how game servers work. The server doesn't need a copy of the actual game world, it's just a list of coordinates. You cannot copyright lists. The only thing the server does is make sure players are in sync with each other. The client contains all of the assets and is responsible for most of what happens in the game.

      A reverse engineered or emulated server is in no way a copyright violation.

    70. Re:Expected different by Anonymous Coward · · Score: 0

      You could, so long as you didn't try to pass it off as an official Ford. That's why kit cars that mimic real cars are legal.

    71. Re: Expected different by pchasco · · Score: 1

      Sir (or ma'am) I do understand a thing or two about how the cmangos server that Nostalrius is based off of, and yes it absolutely does require many hundreds of megabytes of client data. This data is extracted from the WoW MPQ files and placed alongside the game server daemon. some may argue that, because it's actually a transformed version of the pack files that somehow it does not violate copyright. That argument will fall flat. The next issue is that - and if you knew anything about how cmangos worked you would know this - the quest text is stored on the server in a SQL database. This text is in nearly every case a verbatim copy of the original created by Blizzard. In fact, the cmangos server is so highly specialized to run WoW that I doubt there would be any way to bring it into compliance without a great deal of work as there are many hard-coded elements in the C++ source code for individual locations, NPCs, events, etc.

    72. Re: Expected different by pchasco · · Score: 1

      originalPost.replace('cmangos', 'Mangos Zero');

  2. bah by Anonymous Coward · · Score: 0

    fuggin ip is there anything it is good for?

    1. Re:bah by Anonymous Coward · · Score: 1

      fuggin ip is there anything it is good for?

      PING! :) ...or traceroute

  3. Illegal??? What law did they break, exactly? by mark-t · · Score: 2

    [nt]

  4. Great one. by Anonymous Coward · · Score: 0

    You've just made sure 800k people will never play your game again.

    And you have just made sure that even more servers pop up, and eventually someone smart will make those servers P2P and you are shit out of luck then.

    You go after harmless people enjoying an older version of your game and this is what happens. It is a fruitless effort that will only lead to more harm for your own company.

    Congrats again, Blizzard.

    1. Re:Great one. by itamihn · · Score: 1

      I was confused when I have read "more ham for your own company"

    2. Re:Great one. by Lisandro · · Score: 1

      The point is exactly that those 800k were not playing on Blizzard servers.

      That's all there is to it, really. They don't care about private servers for outdated games; they care about not having those users playing (and paying) on their network.

    3. Re:Great one. by viperidaenz · · Score: 1

      WoW is an addiction.
      If the players have nowhere else to go, they'll pay for a subscription.

    4. Re:Great one. by cfalcon · · Score: 1

      > The point is exactly that those 800k were not playing on Blizzard servers.

      First, that's wrong. Many of them have accounts with Blizzard. Hell, if you care enough to run vanilla raids, you likely have more than one account. Even those with inactive accounts would likely activate them whenever Blizzard launches a new expansion.

      Second, many of them are claiming they will unsub from WoW based on this, or not buy future expansions if they are not currently subscribed.

      Third, most of these players, even the few that aren't playing Blizzard WoW, are hardcore fans- the experience you get on all these private servers is one that Blizzard REFUSES to acknowledge among its playerbase- progression servers (servers that go through a set of patches) and static servers (servers that act like a certain period of time in WoW's history). If you leveled a character you loved and then Blizzard changed it totally, you might still want to play that character, and a private server is the only way to do this. This entire side market exists because of Blizzard's choices in the first place!

      Fourth, there's PLENTY more of these servers- this was just the generally most popular one in genre (wowlike vanilla). There's a whole bunch of subdivisions of WoW private servers, and many of them are totally legal. This one just had the misfortune to be located in France.

      So there's no way they accomplished anything but pissing off their vanillaheads. It takes a lot of gall to fuck your character, guild, and game up on live, then reach across the ocean to delete the one you remade over there to play the game you want to play. Frankly, I suspect they might have had a more legit reason that they aren't sharing- they aren't even trying to hunt down all the private servers in France, after all, much less all the ones that operate legally in jurisdictions that they can't attack. But who knows. Their action, on the surface, appears totally irrational- though you have to pay attention to the private server scene to see it as anything but some DMCA garbage.

    5. Re:Great one. by Anonymous Coward · · Score: 0

      There's dozens of private servers still running. Counting the smaller ones, probably hundreds.

    6. Re:Great one. by Maxo-Texas · · Score: 1

      Only problem...
      you can't play the version being offered with blizzard.

      Everquest, Wow, and many other games have a flow and a golden age.

      The flow comes from the timing and release of expansions.
      The golden age is a moment when everything is perfect.

      For EQ it was probably the plane of time. After that things got weird and repetitive. But everything thru the plane of time was just incredible and part of a a big story that culminated there.

      I never played wow but knowing this is a historical server-- the same thing is probably true.

      Blizard doesn't offer the game this way. I.e. starting with the base game and then ever 6 to 12 months offering the next expansion and stopping right before things got silly or weird.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  5. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Copyright infringement, most likely. It says so in the summary.

    If you really want, I could dig through the Blizzard ToU.

  6. Re:Illegal??? What law did they break, exactly? by firesyde424 · · Score: 5, Insightful

    The 1st commandment of Capitalism: Thou shalt not piss off people with vastly more money than thyself...

  7. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Blizard TOU is Contract and not a law, it is a private agreement between the parties.

    Copyright infringement (which is what was claimed) is a law.

  8. hop by Anonymous Coward · · Score: 0

    "it simply boils down to the fact that private servers are illegal"

    Well i give thanks to Human nature for the fact that illegality isn't absolute. I give thanks to the fact that differentiation in political landscape, and the diversity of Human collectives in forms of cultures and nations, enables the fact that what is illegal in one country will not be illegal in another one opposing it.
    For once, globalization can suck my ass hair. As far as trade sanctions go, one has to be an utmost idiot to think, or even establish such sanctions, that barring imports of food and material resources can be justified by something of such low common denominator value irrelevant to survival and functioning of society as digital entertainment products.

  9. Re:Illegal??? What law did they break, exactly? by mark-t · · Score: 2

    Copyright infringement generally involves, you know.... copying. They didn't copy, they reverse engineered. Clean room reverse engineering is both common and entirely legal.

  10. MMOs might be really bad for the industry by Anonymous Coward · · Score: 0

    I recently started playing an MMO for the first time, and it occurred to me that as soon as a gamer gets addicted to one of these games, that's it for their game purchases.

    With regular games, most people will finish a game, then move on. This is not the case with MMOs. That's one reason that a publisher would want to shut down a pirate server that addicts of a discontinued MMO are playing on. Break their fixation on an old game, and someone will be able to sell them new games.

    1. Re:MMOs might be really bad for the industry by mOzone · · Score: 1

      daybreak company that now owns everquest just gave blessing to emulated servers not all mmo companys are bad http://www.project1999.com/

  11. Re:Illegal??? What law did they break, exactly? by Lisandro · · Score: 1

    The only law they broke is to reduce the subscribers base for Blizzard online services. That's just cold, man.

  12. Re:Illegal??? What law did they break, exactly? by aurasdoom · · Score: 1

    They probably host some map/quest/textures/models on their servers that they don't own copyright of

  13. rofl... by Anonymous Coward · · Score: 0

    linux client, you greedy bastards...

  14. the real reason... by Anonymous Coward · · Score: 0

    world of warcraft is on the way out.. bleeding subscribers every day. even after big content updates, after the buzz has faded, numbers are even lower than before the update...

    so the real reason, of course, is that the 'pirate' servers are threatening to overtake blizzard's own subscriber levels.

    1. Re:the real reason... by tnk1 · · Score: 1

      I'm pretty sure that Blizz knows that the party has to end soon, I doubt this is any particular strategy to keep subscribers.

      And I do truly believe that they are just that big of a bunch of assholes that they'd do this to simply make a point.

      Of course, the private servers may well cause a problem for their relaunch of "Classic World of Warcraft: New Game+" or some other strategy that I am not familiar with.

    2. Re:the real reason... by demachina · · Score: 1

      I wish I'd known about these servers. I would play WoW again if it was the 2006 vintage instead of the crap its become. To answer your criticism, if Blizzard wants to keep WoW going forever, roll back to 2006 vintage, and focus entirely on new and interest dungeons and gear. Also put the level cap back to 60 and keep it there. New and interesting PVE dungeons was the only thing that made WoW great. Making the game "easy" for casual players was another tragic mistake.

      2006 vintage WoW would be right before Burning Crusade came out and BC would be just about the time WoW started to suck and I quit playing. In 2006 there were 64 player raids, no constantly shifting level caps that constantly trashed all your gear, you lived to get to get to level 60 and collect PVE gear.

      Every good guild on the server I was on, including my own, blew apart about that time, people wandered off to PvP to get the gear Blizz was handing out like candy to distract from the fact all their hard won level 60 PVE gear was being trashed and running Molten Core and BWL was officially pointless. It had become a waste of time doing PVE raids entirely which was the whole point of WoW.

      In those days you only ran dungeons with people on your server, yea it sucked waiting to get groups sometimes but you actually made friends and learned to trust or not trust the people you played with on your server. When they started jumbling together pick up runs from all servers you didn't know and couldn't trust ANYONE you were raiding with. Dungeons just became a whirlwind you ran through as quickly as possible and half the time someone in the group would be a total ass and get away with it.

      --
      @de_machina
    3. Re:the real reason... by Anonymous Coward · · Score: 0

      Nope.
      If blizzard wanted to roll things together:
      Warcraft RTS would have continued being developed, being the main storyline progression medium and the main lore builder.
      WoW would have been good as a prequel thing, or a side-story thing.
      Stories about individual extremely popular characters could have been developed in the form of a Dark Messiah of Might & Magic thing.

      That's what would happen if Blizzard gave a fuck about their product and fans. But they don't, and they don't.

  15. And will the car manufacturers start pulling the s by Joe_Dragon · · Score: 1, Offtopic

    And will the car manufacturers start pulling the same BS to lock out 3rd part repair shops?

  16. Headline looked like a weather event. by Ungrounded+Lightning · · Score: 1, Funny

    On first read (as a non-player of the game) the headline looked like a severe weather event had caused the server to go down (leading to the thought that this might help the game's owners find it if the routes to it were somehow hidden, as with Tor).

    Did anybody else have this effect?

    It's yet another example of poorly-worded articles that assume the casual reader has deep background knowledge of the subject. I consider this to be an annoying property of Slashdot. It's not fatal.

    But it would be nice if posters recognized that not everybody on /. is as deeply immersed in the subject as they are - and that the not-so-clued-in faction includes many who might be interested and perhaps have something to contribute.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Headline looked like a weather event. by redmid17 · · Score: 1

      Not one single bit, mostly because anyone who knows what WoW is knows who makes it.

      If you didn't know that, I wouldn't blame you. If you did, well then you're just an idiot (or masquerading as one). Seriously why else would "Blizzard, Fan-run, server, and WoW" be in same headline?

    2. Re:Headline looked like a weather event. by Anonymous Coward · · Score: 0

      "assume the casual reader has deep background knowledge"

      "News for Nerds. Stuff that matters," does assume this.

    3. Re:Headline looked like a weather event. by Anonymous Coward · · Score: 0

      So... You're stupid and felt the need to tell us?

      Okay...

  17. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Copyright is what allows Blizzard to own said property, the ToU is the conditions for using their property, violating the ToU, means you are now violating the copyright.

  18. "Set up," not "setup," dammit. by Anonymous Coward · · Score: 0

    Learn to spell.

    1. Re:"Set up," not "setup," dammit. by Anonymous Coward · · Score: 0

      It's a valid neologism that is very common in the information technology field. Learn to adapt.

    2. Re:"Set up," not "setup," dammit. by jenningsthecat · · Score: 1

      It's a valid neologism that is very common in the information technology field. Learn to adapt.

      I would argue that "setup" as a noun is a valid neologism, and that "setup" as a verb is simply sloppy and arose from a failure to understand basic grammar. If "setup" is a valid verb, then "goover", "cometo", "passon", and any such other bastardizations should also be considered valid. There's really no good reason to create a new, awkward, and entirely redundant class of verbs.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    3. Re:"Set up," not "setup," dammit. by Anonymous Coward · · Score: 0

      ever heard of 'goto'?

  19. Ohhhh, that Blizzard by wonkey_monkey · · Score: 2, Funny

    Blizzard Shuts Down Popular Fan-run 'Pirate' Server For Classic WoW

    I honestly thought it had been done in by freak weather conditions.

    --
    systemd is Roko's Basilisk.
  20. Because WHY? by JustAnotherOldGuy · · Score: 4, Insightful

    Players: "Why?"

    Blizzard: "Because FUCK YOU that's why"

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:Because WHY? by Anonymous Coward · · Score: 0

      Recently on Twitter:

      Blizzard: Vanilla servers coming in June... April Fools!

    2. Re:Because WHY? by mlw4428 · · Score: 1

      Why shouldn't they? They created the product, spent the money investing into it, and brought it online. They marketed it and supported it and it got popular and they've continued support for it for over a decade. Do you believe you're not entitled to control how your work is used and by whom?

    3. Re:Because WHY? by mOzone · · Score: 1

      you know everquest said retro emulated servers are okies not all companys are punks

    4. Re:Because WHY? by Kinwolf · · Score: 1

      And they got money over years for all of that. So why block this community effort? It takes nothing away from the current version.

    5. Re:Because WHY? by The-Ixian · · Score: 1

      /em spits coffee all over his keyboard

      Pretty much... It has long been known that Blizzard hates their customers...

      --
      My eyes reflect the stars and a smile lights up my face.
    6. Re:Because WHY? by The-Ixian · · Score: 1

      That's like suggesting web browser developers should be angered that people use their product to connect to unsanctioned servers...

      Blizzard *sold* them the game client... they got their money for that development. User's are then using this client to connect to their own servers.... Why is this a problem?

      --
      My eyes reflect the stars and a smile lights up my face.
    7. Re:Because WHY? by mlw4428 · · Score: 1

      Actually Blizzard sold them a license to be able to use a game client within compliance of the Terms of Use. If the license stipulates that the client cannot be used to connect to a different server than there's not much anyone can say. I'm not saying I agree with the outcome, but merely that you people start understanding what you're purchasing and use your money to support developers who'll actually sell you what it is you think you're buying.

    8. Re:Because WHY? by Anonymous Coward · · Score: 0

      You are just a serious corporate serf, aren't you little bitch.

  21. Nost != pirate by MalleusEBHC · · Score: 5, Informative

    Calling Nostalrius a pirate server is not accurate. Nostalrius is a reverse engineered server that works with the official Blizzard WoW 1.12 client. I've played on Nost for the past year, and the overwhelming majority of players I've played with paid for retail vanilla WoW subscriptions back in the day. Sure, I can't find my original discs and had to download a copy of the 1.12 client, but I still contend that I have both a legal and moral license to still use that client.

    If Blizzard were to offer a vanilla subscription, I would gladly sign up. (Well, maybe before they C&D'd Nost.) However, since they don't offer such a subscription, running a private server should be allowed as an exemption to the DMCA. The EFF previously petitioned the Library of Congress to add an exemption to the DMCA to allow users to reverse engineer server-side controls once games have been abandoned. The Library of Congress granted the exemption for simple matters like server-side authentication methods, but it was limited to allowing local, single-player gaming to continue. It does not apply for MMORPGs that require server-side interaction. However, this ignores the possibility of using a paid-for client with a reverse-engineered server, something I feel should be legal.

    1. Re:Nost != pirate by Anonymous Coward · · Score: 1

      WoW however has not been abandoned, and the client software is NOT the game. The client software is just the visual and control interface into the server, which contains all the logic of the game.

      I'm not sure about the legality of white-rooming a reverse engineer of intellectual property, but Blizzard definitely owns the intellectual property rights of WoW, and they own your client as well. Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      So sorry, what you are doing is not legal, and Blizzard has every right to sue.

      Should they do it because they are losing subscription revenue? Probably not, I really doubt that's the case.

      Should they instead open up the ability to play through the various 'final' versions of each expansion? I'd love that, I think it would be awesome to slowly grind through AQ40 etc as of old. Especially if you had the ability to move your character to the next expansion when you are bored with the one your in.

      I joined late Burning Crusade, and stopped post-cataclysm launch (leveled to 80 but stopped before the 5-man grind). So yes, I'd love to experience vanilla WoW before Burning Crusade but I'd prefer to do it on a legit server with support.

    2. Re:Nost != pirate by sims+2 · · Score: 1

      The sims online was one of the first ones to shut down their server. I still have the original install discs but without a server i have no way to make use of them.

      --
      Minimum threshold fixed. Thanks!
    3. Re:Nost != pirate by Anonymous Coward · · Score: 1

      Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      So sorry, what you are doing is not legal, and Blizzard has every right to sue.

      Actually no, they only have the right to sue people *using their client* that agreed to the ToS.

      What they are doing instead is trying to sue hosting providers running the server, under the assumption those same people are using their client.

      I've never played WoW and never ran their client, nor agreed to their ToS. They are claiming I am violating said ToS I didn't agree to if I chose to hose a Nostalrius server I did not utilize or play on myself, but only provided the hosting and bandwidth for it to do its thing.

      That is a false claim, so to say I am pirating anything is libel (well, unless that video that won't load for me is their PR person saying it verbal, in which case it's slander, but my point still remains)

      Lastly even though the parent you replied to specifically said it should be legal to use the client in such a way when it isn't, I'd like to at least point out as a separate issue that there is a difference between acting within the law and being an asshole.

      Sure they are very well likely acting within the law if they sue users of their client, but indifferent to that fact they are still assholes for doing so.
      Not only do they not lose anything or are harmed in any way by these people, and even go so far as to admit that fact, they desire to be assholes (assholes acting within their legal rights) with such a decision.

      Sorry for that last rant bit, I know you weren't addressing that point what so ever and I don't mean it to come off as an argument against anything you said, I just feel it was important to mention.

      PS, speaking of bandwidth, is slashdot seriously not capable of even 2kb/hour?!
      It's been 58 minutes since you last successfully posted a comment

    4. Re:Nost != pirate by MalleusEBHC · · Score: 1

      I'm not sure about the legality of white-rooming a reverse engineer of intellectual property, but Blizzard definitely owns the intellectual property rights of WoW, and they own your client as well. Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      I haven't read through the original ToS, and I agree it's totally possible that the ToS states that the client is only to be used with official Blizz servers. However, I feel that's something consumers should be shielded from by consumer protection laws. When I originally bought WoW, I paid money for the game itself and additionally paid for a monthly subscription to the server. I feel that makes it very clear that I owned a copy of the client. To say that the ToS changes those clear expectations is unfair, especially when I was only presented with the ToS *after* paying for the game.

      Consumer protection laws exist because there's an imbalance of power between an individual consumer making a purchase and a well-financed corporation writing a ToS and enforcing it through expensive litigation. If Blizzard were to allow me to keep paying for a subscription to the game I purchased, they would have an argument, but they abandoned the client that I explicitly paid for.

    5. Re:Nost != pirate by Anonymous Coward · · Score: 0

      WoW is not abandoned though. Only a game like Star Wars Galaxies or Tabula Rasa would fit that. But it is still compounded by paragraph 4 of the terms of use which states:

      "All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Blizzard or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Blizzard’s licensors may enforce their rights in the event of any violation of this Agreement. "

      By using that software, even the v1.12 of it, you are agreeing to those terms. And the operators of this server were violating Blizzard's copyrights, DMCA or not. Speaking of which, the DMCA does not apply considering the server in question is in France.

    6. Re:Nost != pirate by Marc_Hawke · · Score: 5, Insightful

      Even if the Terms of Service say that you can only use the client with Blizzard servers, they have no grounds for shutting down the Nost server. You don't have to sign any EULA to put up a server that speaks TCP and answers questions.

      --
      --Welcome to the Realm of the Hawke--
    7. Re:Nost != pirate by Anonymous Coward · · Score: 0

      But they have abandoned the version of the game people want to play. Nost emulates an earlier version of the game that people still want to play that flat-out isn't available any more.

      Is Windows 95 abandoned? I mean, Microsoft still makes Windows, so by your definition no, right? You can't get it any more, but Microsoft is still around making Windows, so...

      When Star Wars Galaxies pulled their NGE crap and people wanted to play on the old servers, should they be denied that right just because the game company refuses to run the old game? How about when Square Enix pulled the same thing with their Final Fantasy MMO? You can't play the original Final Fantasy XIV any more, the only version they let you play is some bastardized WOW-knock-off.

      The original game IS abandoned. Blizzard doesn't let you play it any more. There is no way to play the old, original World of Warcraft without server emulators.

    8. Re:Nost != pirate by cfalcon · · Score: 1

      > WoW is not abandoned though.

      Every version of WoW except the latest one is abandoned. Certainly vanilla, BC, LK, Cata, and MoP are abandoned. The current version is nothing like any of those.

    9. Re:Nost != pirate by Anonymous Coward · · Score: 0

      > WoW is not abandoned though.

      Every version of WoW except the latest one is abandoned. Certainly vanilla, BC, LK, Cata, and MoP are abandoned. The current version is nothing like any of those.

      uh, yes it is. you can't just slap new pants on mickey mouse and call it an entirely different cartoon character.

    10. Re:Nost != pirate by Anonymous Coward · · Score: 0

      Not in this case. Vanilla WoW is completely gone because one of the expansions completely changed everything from vanilla. Starting a new character today is a completely different experience from starting one on vanilla.

    11. Re:Nost != pirate by Anonymous Coward · · Score: 0

      "Speaking of which, the DMCA does not apply considering the server in question is in France."

      That's the most important point in this discussion. I'm surprised I had to get near the bottom of the page before someone said it.

    12. Re:Nost != pirate by Anonymous Coward · · Score: 0

      Which is PRECISELY why you can run the server entirely within the Tor or I2P network and link up with your buddies there... thereby not having to deal with these annoying companies anymore.

    13. Re:Nost != pirate by Opportunist · · Score: 1

      Even if it had been "abandoned", there have been other cases of "abandoned" MMOs where people reverse engineered the server software and got a C&D letter before they even opened shop. Tabula Rasa was one such case, someone only as much as announced that he has an early alpha of a possible server and the same day a C&D exploded right in front of his nose.

      This is not about revenue.

      This is about control. We dictate what you can do with our software, even if it became obsolete to you, even if you can't use it anymore.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    14. Re:Nost != pirate by Anonymous Coward · · Score: 0

      Yup.

      Reading through there 'Terms of Use' and their 'EULA' , technically, they shouldn't be allowed to do this.

      EULA presups that your agreement is with 'Battle.net' online, and any and all uses against that. As the server mentioned, IS NOT 'Battle.net' , I fail to see how they can apply their license agreement to 3rd party servers. For example, I can agree with the EULA in totality. However, the client being shut down, is not accessing the servers or services, mentioned in the EULA. I.e. , the EULA is not being broken.

      Going back to the Terms of Use, these look to be the offending parts they 'can' shut this down on.
      - D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Blizzard;
      - E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
      - F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Blizzard;

      However, what this talks about is 3rd parties and matching what Blizzard is doing online, and Battle.net is offering today. They aren't offering today, what the 'Classic WoW' is providing that is being shut down.

      I think there is legal argument here, but it likely isn't worth the monetary fight. Release the info and means for users to set up standalone nodes as they see fit, and I'd rather Blizzard spend loads of money playing whack a mole as these nodes start springing up all over the place.

      In short, Blizzard are being cunts. News at 11.

    15. Re:Nost != pirate by DerekLyons · · Score: 0

      However, since they don't offer such a subscription, running a private server should be allowed as an exemption to the DMCA.

      Under what theory? "I'm a self entitled child who thinks that since I only like x version of a game, the company should be forced to provide it to me?"

    16. Re:Nost != pirate by nyet · · Score: 1

      The company is not providing a server, nor the bandwidth, nor the maintenance of the server, nor customer support for the clients.

    17. Re:Nost != pirate by Anonymous Coward · · Score: 0

      Beyond that, the entire TOS/EULA is a canard and has been shot down in many states in the US where they are not clearly visible on the packaging prior to sale (i.e. if I purchase software as a retail product, take it home and before I can install it I must click a button that says agree on it just to get it to install, irregardless of what the company would like to think, they already sold you the license, and putting additional restrictions on it beyond general copyright has been found to be un-enforceable in dozens of cases.)

      Blizzards contention is really that the clients software are violating a contract, so let them hunt down the clients and drag them into court and see exactly how long it takes to either get thrown out (these people legally bought a game that Blizzard made un-playable with subsequent expansions and their redress was private servers) or for Blizzard to get face raped with such bad PR (suing paying customers who actually bought your damn game that you subsequently destroyed and is no longer available through commercial channels). Activision/Blizzard may actually succeed in topping EA as the most hated company in the US.

    18. Re:Nost != pirate by SuricouRaven · · Score: 1

      It's not just about control, it's about keeping options open. That abandoned MMO might seem worthless right now, but what if the company wants to relaunch it in future, or if another company offers to purchase the copyright so they can launch their own, or if there might one day be a studio willing to make a movie based on it?

    19. Re:Nost != pirate by houghi · · Score: 1

      I know that France helped fighting for the creation of the USofA and thus indirectly in the creqtion of the DMCA and the Library of Congress. I somehow do not think that means these are valid in France.where the hosting provider is.

      --
      Don't fight for your country, if your country does not fight for you.
    20. Re:Nost != pirate by Anonymous Coward · · Score: 0

      And you might one day sprout wings. Better shut down the airlines right now just in case.

    21. Re:Nost != pirate by Opportunist · · Score: 1

      The way that game was shut down, and considering the fallout around it, there is no chance in hell that is ever going to be resurrected. NCsoft has every interest to never ever let this surface again.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Nost != pirate by Anonymous Coward · · Score: 0

      If you take your "speaks TCP and answers questions" line to its logical conclusion then you get a result I'm certain even you wouldn't want. But none of you ever take your train of thought that far do you?

    23. Re:Nost != pirate by The-Ixian · · Score: 1

      I still have the T-Shirt from the early release package I bought.... I still wear it ironically

      --
      My eyes reflect the stars and a smile lights up my face.
    24. Re:Nost != pirate by SuiteSisterMary · · Score: 1

      Nor are they getting recompensed for the use of their intellectual properties and creative works, let alone the use of their client software and technical work.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    25. Re:Nost != pirate by Anonymous Coward · · Score: 0

      Should ask them for a refund, then. Not fit for purpose.

  22. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Absolutely right, it's not copyright, but it's not clean room either. The big problem in making a WoW server is, in fact, the landscape. How do you know where the ground is? Well, the way these clone builders do it is to scrape the terrain from the WoW client that they're targeting. Oops that's reverse engineering and definitely not clean room. Lawsuit time. Now, if they were to build a terrain by user trial and error, ie, run everywhere and mark terrain by what looks right, that would be another matter. Given the vast number of players out there who seem to want to play these old games, it should be possible to rig some kind of reporting application to crowd-source the problem, but nobody has done it yet.

  23. Re:Illegal??? What law did they break, exactly? by tnk1 · · Score: 1

    Which really wouldn't make too much sense. Most of the subscribers of WoW have been there for years. They already played vanilla in many cases. There may be new people who just wanted to experience WoW as it used to be, but if they have the client, they bought the game or got the client somewhere. And they will probably want to move on to new content when they are done with vanilla. There's only so many Molten Core runs you can make, after all.

    I'd think this would attract (a) people who did have a subscription in the past but wanted to play vanilla again, (b) people who never played WoW and wanted in for free or (c) someone who is just friends with (a) or (b) and wouldn't be playing WoW by themselves.

    In the case of (a), Blizzard already has their money, they really haven't lost anything except perhaps a few more bucks stringing along a junkie who longs for the days of the Barrens chat and the Scarlet Monastery.

    For (b), these are people who might actually sign up for a WoW subscription as soon as they play Vanilla and are done with it and want more content. Now, I haven't played in years, but is my assumption Outland and Northrend are probably a ghost town right now. Nevertheless, I can't believe these reverse engineered servers would actually have such a high pop that it would be much different in terms of play. And they would eventually hit Level 95,000,000 or whatever the level cap is now.

    And for (c), they were never getting their money without their friend anyway so what's the deal?

    It seems odd for them to consider this an actual threat to their subscriber base. It may well be that they are telling the truth and they're doing this simply because it is theirs and they are just that big of a set of dicks.

  24. Re:Illegal??? What law did they break, exactly? by viperidaenz · · Score: 1

    The servers don't run Blizzard software, they built their own.

  25. This has nothing to do with piracy by Lisandro · · Score: 3, Insightful

    Blizzard does not care about private servers for an old game. They care about the 800k users which are not paying to play on their network.

    1. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      Blizzard does not care about private servers for an old game.

      History proves that statement false; this isn't the first time they used an army of lawyers to crush private servers. Starcraft multiplayer wasn't even subscription based but they still nuked bnetd.

      They care about the 800k users which are not paying to play on their network.

      That is still true though :-)

    2. Re:This has nothing to do with piracy by wierd_w · · Score: 1

      Not entirely true. Blizzard very much hates PvPGN, which emulates battle.net for a number of their very old titles.

      Blizzard is like any other spoiled modern corporation. They feel they are entitled to change the terms of the agreements they make, darth vader style, and dont feel even the tiniest bit bad about it. But, should end users try any such thing, or try to weaken their supreme overlord position, even on properties that simply cannot be monetized any longer, and they react like you just fucked their mother with an actual jackhammer and put her in the hospital.

    3. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      History proves that statement false; this isn't the first time they used an army of lawyers to crush private servers. Starcraft multiplayer wasn't even subscription based but they still nuked bnetd.

      And users of bnetd were not using Battle.net. Same deal. Don't forget, Starcraft is still huge, specially on Asia where pro gaming Starcraft events are televised.

    4. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      Blizzard does not care about private servers for an old game.

      Very true, but they're being short sighted here. If there are 800k users who still want to play the old version, Blizzard should bring back some servers to host the old-style game and rack in the subscription fees. In fact, if I owned stock in the company, I'd be at the next stockholder's meeting asking some pointed questions about why they're throwing this revenue stream away instead of taking advantage of it.

      --
      Good, inexpensive web hosting
    5. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      But of course they do. Battle.net is still up and running and owned by Blizzard.

    6. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Possibly, but at the same time Blizzard has a strong investment in their new AAA titles. I assume they dont expect all 800k users to switch to their new games, but they do expect a good fraction of them to do so. MMORPG players are as close as you'll get to a meth addict in the online world.

    7. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      I can't claim to understand the way compulsive MMORPG players think, but I'd have expected all of them who would want to switch to the newest titles to have done so by now. Clearly there are at least 800k players out there who don't want to switch.

      --
      Good, inexpensive web hosting
    8. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      They care about the 800k users which are not paying to play on their network.

      How did they prove that they didn't have legit subscriptions?

    9. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      Surely there had to be a cross-section of current subscribers that wanted to go old school. I hope they all quit.

    10. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      And users of bnetd were not using Battle.net. Same deal.

      You're right, it is the same; you initially claimed that Blizzard didn't care that people were using private servers only that they were not paying the subscription. Yes Blizzard cares about not being paid but they really really hate private servers.

    11. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Is not that simple. You're comparing an open gaming network vs a paid one.

    12. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      Blizzard does not care about private servers for an old game. They care about the 800k users which are not paying to play on their network.

      http://eu.battle.net/wow/en/forum/topic/2290820285#6
      Blizzard Employee: "this isn’t an issue because of ‘lost’ subscription fees from players choosing these illegitimate servers over the real WoW servers...private servers are illegal"

    13. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Of course that's the official reply line, but it its hard to believe. I haven't read the WoW EULA, but i'm pretty sure running a private server is no illegal either.

    14. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      I don't think so. My thought is that there's probably a large number of people who still want to play the old version of WoW and would be willing to pay a monthly subscription to do so. It might be worth Blizzard's while to find out if there are enough people out there that want to play the older game instead of the latest and greatest to make putting some servers back up for them profitable.

      --
      Good, inexpensive web hosting
    15. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      It's an MMO. The problem with MMOs is that you can't just switch yourself, you need EVERYONE ELSE to switch as well.

      The big problem with MMOs, even more than the subscription fee (there are plenty of free to play ones as well), is that they almost all require you to play with other players.

      "Well, that's the point, isn't it?" you presumably ask.

      Well, yeah, but the problem is that if you can't find COMPETENT people to play with, you're going to have a real bad time no matter how good you are at the game. So what most people do is find a group of players they know are OK and play with them. (And, of course, if you're bad at the game, you need to find players who are willing to put up with you, which can be a challenge.)

      Which means that you can't just switch to a new MMO, you need to get your friends to switch to that new MMO with you, or go find new friends. That's what's kept WOW going for so long: you can't just up and leave, you need to get everyone else to leave too.

      It's the "Facebook problem" basically: even if you could create a new social network that everyone agrees is so much better than Facebook, you'd then need to get people to stop using Facebook and then use the new site. It's the same network effect that just about any social system has. As long as the existing option is good enough, it will be hard to leave simply because the old options are where all the players are. It's certainly not impossible (see how Facebook destroyed MySpace) but it's not easy.

      The classic servers side-step the problem because the existing group of players ALREADY played that game, and so it's not that hard to say "hey, let's play the old classic version of WOW we enjoyed rather than the current version we don't." So it's comparatively easier to get existing social groups to move to what's effectively the same game, compared to trying to get people to move to a new title.

    16. Re:This has nothing to do with piracy by vux984 · · Score: 3, Informative

      In fact, if I owned stock in the company, I'd be at the next stockholder's meeting asking some pointed questions about why they're throwing this revenue stream away instead of taking advantage of it.

      I'll save you a trip...

      "Thank you for your question.

      While there is an untapped revenue stream there; there are several associated costs to your proposal; and we are confident we can tap it without these costs.

      Maintaining a few larger groups of players is simply more cost effective than maintaining support and systems for more but smaller communities. Before we would open a new property we would need to show that it was substantially different enough that it would attract players not already on our existing properties.

      A classic WoW ruleset doesn't meet that criteria. Those players can be served by the existing WoW servers, and we are confident that if we shut down these criminal enterprises that many of the players will return to the existing official servers, requiring virtually no outlay of new resources."

    17. Re:This has nothing to do with piracy by Mantrid42 · · Score: 1

      They wouldn't be paying anyway. If they really wanted to play without paying for a subscription, they would be on a private server running an up to date version of the game.

    18. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      There is no such thing.

    19. Re:This has nothing to do with piracy by gweihir · · Score: 1

      Well, now they have 800k people that will not play on their network and are angry at them (and will spread that). How is that better? Apparently, the fatal combination of greed and stupidity (and lawyers as a booster to make it worse) has taken root at Blizzard as well.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    20. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Well, i'm not arguing this was a smart move :D

    21. Re:This has nothing to do with piracy by BronsCon · · Score: 1
      Hell, not even history, Blizard's own statement proves it false:

      Blizzard says the rule "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers"

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    22. Re:This has nothing to do with piracy by gweihir · · Score: 1

      Smart move on your part ;-)

      I do agree on your take on their motivation.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    23. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      Yeah, there's about zero chance after this that I'm going to play any Blizzard game, let alone a Blizzard MMO and I'm not even one of the people affected by this.

      These big companies don't hold the sway they used to. There's so many good indy games it's very easy to avoid these crappy corporations.

    24. Re:This has nothing to do with piracy by wvmarle · · Score: 1

      Maybe instead they should consider firing up those old servers again. There's an obvious and large market for the outdated versions of their game. Should be easy profit for them, as they don't even have to reverse engineer the server software itself.

    25. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      It sounds nice in your world where companys never lie to gain money...

    26. Re:This has nothing to do with piracy by BronsCon · · Score: 1

      Y'know, them saying it's not about money just screws them out of damages if they sue... Not something a big company with a huge legal team would lie about in the run-up to a potential damages suit.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    27. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      WoW 1.12 is an entirely different game when compared with whatever version official WoW is up to now (I quit for the last time early in MoP so I don't know the current release number). It may be WoW in name, but 2006 WoW was nothing like 2016 WoW.

      These players were playing on a vanilla server because they didn't want to play the 2016 WoW, they wanted to play the 2006 WoW. Shutting down their server will not change that. Couple this with the fact they're now going to be angry at Blizzard for doing so, I submit that very few, if any, of these 800,000 players will be buying a current WoW subscription. Whereas opening an officially supported Vanilla server, or better yet, extending Nostalrius a license to do so, would very likely result in more paying customers and less ill will (doesn't fit in a spreadsheet I know, but too many companies seem to ignore its intrinsic value)

      The only real question here: how many of those 800,000 players would be willing to pay for their Vanilla server? They play for free now, so not all of them are going to want to pay to play. In the same sense that just because someone torrents a movie, does not mean they would be interested in paying for said movie.

    28. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      "A classic WoW ruleset doesn't meet that criteria. Those players can be served by the existing WoW servers, and we are confident that if we shut down these criminal enterprises that many of the players will return to the existing official servers, requiring virtually no outlay of new resources.""

      And then they wonder why people swear an oath to the pirate gods.

    29. Re:This has nothing to do with piracy by Anonymous Coward · · Score: 0

      That's exactly what they would say and it's total BS. It's been brought up for the same discussion, but look toward RuneScape to see what revitalizing a classic version of the game does. As of current posting, 35708 people playing the legacy version of the game. Until recently, it was entirely P2P to play the legacy version. It has become so successful they are offering F2P for the legacy version in a hope to lure even more players into inevitable P2P for the game mode. It has even spun off into "Deadman mode" a tournament PVP-Style legacy version.

      A lot of people were very upset with Jagex for destroying the original RuneScape with microtransactions. Those upset players are now enjoying themselves on the (mostly microtransaction free) legacy version. It's revitalizing their game. While 35k players isn't much to a giant like Blizzard, the possible 800k would be.
      They could do exactly what Jagex is doing. Commit a small dev/support team to the legacy version, offer a few servers and scale up as needed if the population increases. Roll the legacy subscription into the regular sub, and watch the people come flooding back.

    30. Re:This has nothing to do with piracy by Rexdude · · Score: 1

      Could be those 800k users choose to stick with a decade out of date version of the game by choice. It's not as though they're going to say 'gee, what I was doing was wrong, I should totally ditch my toons that I spent months building up and just buy a new subscription for the new game as run by Blizzard even if I don't like it'.
      Same fallacy as thinking that every pirated song equals a lost sale.

      --
      "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."
    31. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      I'm not saying i agree. I'm saying this is their reasoning - they do see every user of a private server as a potential lost sale.

    32. Re:This has nothing to do with piracy by Rexdude · · Score: 1

      I know, I was referring to their way of thinking.

      --
      "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."
  26. Re:Illegal??? What law did they break, exactly? by Lisandro · · Score: 1

    It its the same logic used by Hollywood to attack piracy, really. It doesn't matter if those users would never have a Blizzard account; in their eyes, there's a chance they would.

  27. Breach of Terms of Service != illegal by thegarbz · · Score: 1

    So which laws are they breaking?

    1. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      Breach of Contract

    2. Re:Breach of Terms of Service != illegal by sexconker · · Score: 2

      What contract?
      Between what parties?
      And how is breaking a contract illegal?

    3. Re:Breach of Terms of Service != illegal by UnknownSoldier · · Score: 2

      > What contract?

      Correct, the server operators have no contract with Blizzard.

      > Between what parties?

      Correct. The only contract is between the clients and Blizzard. *That* TOS prohibits Clients from Accessing non-Blizzard servers.

      > And how is breaking a contract illegal?

      ALL Law is based on Contract Law.

    4. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 1

      So the issue is not that the servers are illegal but that the clients are illegally connecting to them ???

    5. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      I'm sure a lawyer will also argue that they (the server provider) are misrepresenting Blizzard by providing a counterfeit service with the express intent of impersonating Blizzard's WOW servers.

    6. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 2, Funny

      Ahh, but their EULA doesn't supersede my SPLA, which is clearly printed on the side of my computer.

      It boils down to this.

      By allowing your software to install on my computer, you, the software provider, agree to the following terms and conditions.
      Your EULA is null and void.
      Your software is fit to be used for any purpose I choose and if it fucks up my server, you will be held fiscally responsible.
      The copy of "your software" installed on my machine now belongs to me. I can do anything I want with it and you have no legal recourse available.
      If you attempt to prevent me from doing what I want with my software in any way, shape, or form, you will be held accountable to the tune of $5,000,000.00 USD an hour until I regain control of MY software.

      Any attempts by you to supersede my SPLA is strictly forbidden and falls under the penalty clause described above.

      If you do not wish to submit to my SPLA, then you must follow the following method to notify me.
      Fill out a postcard with "We do not want our software to submit to your SPLA.", addressed to my home address, which you will need to hire a private investigator to determine.
      That postcard must be stuffed into a self-addressed stamped envelope to be mailed to the post office with the U.S. Zip Code of 00001. That has to enclose another stamped envelope addressed to the post-office at zip code 00002.
      Repeated stuffing of each envelope so that zip codes increment from 00001 to my zip code without skipping any zip codes in between.
      Failure to follow these procedures will also activate the penalty clause.
      Your notification must reach my home address within 15 days of your decision to disagree with my SPLA, after which you cannot cancel the SPLA and you will forever more be bound by my terms and conditions.
      Any attempts to bring legal efforts against me will also activate the penalty clause, though it will be doubled just because you chose to piss me the fuck off.

    7. Re:Breach of Terms of Service != illegal by loufoque · · Score: 1

      None whatsoever.
      Their hosting service just probably cave in because of FUD

    8. Re:Breach of Terms of Service != illegal by silentcoder · · Score: 1

      >ALL Law is based on Contract Law.

      Eeeeppp wrong. And you were doing so well up until then.
      Contract law is a relatively modern invention - there are plenty of laws that predate it by millennia, and there are entire legal systems that never had contract law or anything that even vaguely resembles it.

      Now you may argue that you meant "modern western free-world" law - but you would still be wrong, firstly quite a lot of the laws in the free world are also present in those other legal systems, and many of them entered the precursors to modern law before contract law did (which means they clearly do not depend on it).

      Contract law can only apply to things where there is at least the possibility of legal consent by all involved parties. Laws that let companies get away with externalities flat out ignore contract law, ditto for laws that actually try to fine them for it to encourage internalizing costs. A law against murder is not based on contract law since there is no way you could legally consent to being killed (even if you wanted to die - you cannot legally consent to being a murder victim and the killer would still be committing a crime). Statutory rape would fall in exactly the same category: the very existence of a contract has been precluded by a law that precludes one of the parties from making the choice to enter one.

      If every law is based on contract law, then every law prohibiting something must be about either ensuring compliance with contracts or ensuring the integrity of freedom of contract (that's all there is) - but in fact many laws actually restrict what contracts can exist, that's really not based on contract law, it's limitations of contract law - and many laws exist regardless of all contracts (all anti-violence laws).

      Laws that prohibit selling something even with a willing-buyer are decidedly not based on contract law (i.e. drug bans or prostitution bans) - you may argue they are bad laws (and in many cases including both my examples I would agree) but they don't stop existing because you don't like them.

      Contract law is certainly fundamental to western law and a great many laws can be well described as being based on it, but it's certainly not as universal as you believe.

      --
      Unicode killed the ASCII-art *
    9. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      im accessing non blizzard servers everytime i play quake live, or go to porn hub, you would have to read the entire old eula and the entire new eula and compare because stuff maybe has changed, maybe one part of the contract of the old eula does not even exist, it could happen, maybe their copy, which they download from torrents, doesnt even show an eula because its modified and they are just regular pirates, that could happen too

      but if the people of the server arent doing something wrong legally, then they should go ONLY after the players, and if that is harder then thats their problem and thats too bad, but overeaching is never right

      the thing is, people dont want to play the new stuff and rather play the really old stuff, i would never play the old stuff because is way too hardcore, they dont really have 800.000 raiders, a lot of people are going to sign in just to level in the old barrens again, and stuff like that, if i had known that those servers existed and were stable, i would have leveled a bit there, i would still play in the offical servers tho

      these retards are attacking their own fanbase, they are on a microsoft level of retardation

    10. Re:Breach of Terms of Service != illegal by thegarbz · · Score: 1

      ALL Law is based on Contract Law.

      Not even remotely. And breaking a contract is still not illegal. That is why these things end up in civil courts with both sides of the contract arguing, rather than the police showing up and throwing someone in prison.

    11. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      Copyright law.
      They created an unauthorized derived work when they made a server that produces quests with dialog, plots, and characters that closely match those in an older version of WoW. (pretty much the same thing as siting down and typing out your own copy of "Twilight" then asking what you did wrong when you publish it as "twilight classic" and pointing at they typos or bits you remembered slightly wrong as a defense).

      They might have gotten away with it if they made a parody, but the stated goal of being as close to WoW as possible is pretty much a confession.

      They probably would also have been fine if they made their own original quests using the reverse engineered structure and client side assets. Then the user modifies their own client to connect to the server, and the server only offeres original creative content running on a reverse engineered framework.

    12. Re: Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      You might want to educate yourself.
      Your first paragraph is 100% inaccurate. Did you even read the details? Probably not. Probably a blizzard shill getting paid shit $$

    13. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 0

      Break a deal, face the wheel!
      That scene in the Mad Max movie where he breaks a deal... that a third party made, to screw him over. That's the kind of violation Blizzard is arguing, stated graphically.

  28. Re:And will the car manufacturers start pulling th by Anonymous Coward · · Score: 0

    It's been tried, and will probably be tried again.
    Actually, the move towards computerized everything in cars means dealers have to do significant amounts of repair that small shops can't afford. And software is DMCA

  29. Re:Illegal??? What law did they break, exactly? by Dutch+Gun · · Score: 1

    Did they also modify the client to connect to these servers? If so, then there's your copyright infringement there. If not, then reverse engineering a service seems legit. I can certainly understand why Activision-Blizzard lawyers would get all frothy at the thought of this, but it seems like there's precedent for this sort of thing.

    Granted, whether or not your or I think it's legally okay to do this doesn't mean that suits won't be filed, and Activision has a hell of a lot more money to spend on lawyers. Also... they can shut down external operations because they're against the "terms of use"? So Blizzard can simply write their own laws now? Hell, maybe so.

    --
    Irony: Agile development has too much intertia to be abandoned now.
  30. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Copyright infringement generally involves, you know.... copying. They didn't copy, they reverse engineered. Clean room reverse engineering is both common and entirely legal.

    I don't know if they did, in fact, utilize clean-room engineering, not knowing their product or Blizzard's.

    But if they were simply running a server for an MMO, they might not have a problem.

    They're running one for the game WOW. Going to be very hard not to use Blizzard's assets with that, and it turns out that usage of those assets is covered under their ToU.

  31. Retail Bliz sucks - no lost subscriptions by Anonymous Coward · · Score: 0

    Retail Bliz WoW has sucked like hell for many years.

    Classic WoW was *incredible* and Bliz destroyed it with a series of appalling decisions, over the course of many years.

    It now *stinks*. It is APPALLING.

    There's no way in hell I would ever, ever, under any circumstances WHATSOEVER subscribe to that game, because it's SO AWFUL.

    I would if Bliz offered a classic server - but they refuse to do so. They have been asked, a lot, repeatedly, and the answer is no.

    Bliz are not loosing any money from me, and they will not provide the service which Nost has provided, and now they're shutting down Nost.

    Bliz, your decision here is exactly in line with the long running series of appalling decisions you've made with gameplay in WoW.

  32. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    I expect trademark law is a better basis. It's easier to violate trademarks, and they can retreat behind the requirement that trademarks be defended or you lose them (unlike copyrights).

    But terms of service are, indeed, a contract, and enforceable under the law.

  33. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    Settings qualify for copyright, too, as do characters under some circumstances.

  34. Why don't Bliz license Nost? by Anonymous Coward · · Score: 0

    Bliz refuse to offer a vanilla server - they've been asked.

    The people playing here all hate retail (and with good reason - it stinks).

    So why don't Bliz simply tell Nost to require a 20 USD/month fee, which they pass on to Bliz.

    Answer of course is because Bliz are a large corporation and as such are totally removed from their customers, have no idea what people want, no ability to be considerate, flexible or innovative and have a strong tendancy to use legal threats.

  35. Re:Illegal??? What law did they break, exactly? by Sloppy · · Score: 4, Insightful

    My understanding is that Blizzard would say the server operators are inducing the users (the people playing the game: the clients) to commit copyright infringement.

    The Blizzard case way back was fascinating, and they won in court. That was the case where Blizzard essentially claimed they have never, ever sold a game. Not a single copy. "Title was not transferred" is how they put it, because the EULA was magically invoked and retroactively made the sale not have happened.

    You probably didn't follow the preceding sentence, because IT'S FUCKING INSANE so go read up. But anyway, from there, it goes like this:

    If a user connects to a non-Blizzard server, then the user is violating the EULA. If the user is violating the EULA, then they aren't authorized to possess a copy. If they aren't authorized to possess a copy, then they violated copyright when they installed the software.

    MPAA never did anything so evil. Please, people, don't ever pay Blizzard for anything, and if you ever meet an employee of that company, kick them in shin. There are thousands of other game makers.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  36. Re:Illegal??? What law did they break, exactly? by lgw · · Score: 1

    Nope - WoW doesn't work that way. All the content is on the client, distributed by Blizzard.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  37. This is one area where EA looks better at by Anonymous Coward · · Score: 0

    for not shutting down UOX servers.

  38. Re: Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Same thing. When the FBI is used to defend copyright, it's the same goddam thing. So stop pretending it isn't.

  39. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    If so, then they can run their own servers all they want, but as of now, the servers won't do anything without the Blizzard client.

    Which they do not have the rights to such usage.

  40. This right here by Anonymous Coward · · Score: 0

    Is why I tend to not pay for games. The bullshit entitled attitude that "you pay us to 'own' a copy of our game but we still own it and we'll decide how you can use it" rubs me completely the wrong way. More than the shitty short-if-they-exist-at-all campaigns that games have now, more than forcing us to pay for shitty DLC some of which is released concurrently with the game, more than the bug filled shit shows that seem to be getting released on all platforms now, and more than the "you'll log in to our worthless service at all times or we won't even let you load up the game" shit that they're all trying to pull now.

  41. watch out for change.org by Anonymous Coward · · Score: 0

    Signing the petition auto-cretes an account where the default settings are for change.org to spam you as they see fit, the tossers.

  42. Bnetd, part deux? by sethstorm · · Score: 1

    Time to move it to somewhere Blizzard can't sue.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Bnetd, part deux? by Mantrid42 · · Score: 1

      They're releasing their software into the wild, including an encrypted database of player info.

  43. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Violating ToU != violating copyright.

  44. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    The person(s) running the servers don't need the client. The players use the client to connect. The only actual legal footing Blizzard could have here would be against users, and only if their EULA stated that users may not direct the client at unofficial servers. There is no such clause in the EULA. Blizzard has no legal grounds to demand the shutdown of this service. This all boils down to the host and the host's customer not having the balls (money) to stand up to the douchebags at Blizzard.

  45. Cowards by gweihir · · Score: 1

    "It simply boils down to private servers being illegal" is a lie and a cowardly cop-out. No, private servers are not "illegal". They may be forbidden by Blizzard, but there is no law that says Blizzard cannot allow or tolerate them.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Cowards by SuricouRaven · · Score: 1

      They are when it's impossible to run a pirate server without utilising a lot of material to which Blizzard owns the copyright. Even if the software is entirely rewritten, it cannot function without the level maps.

  46. Re:Illegal??? What law did they break, exactly? by Scoth · · Score: 1

    I poked around setting up a private server a few years ago for my own use, and everything such as NPC location, models, specific skills, dialog, quests, quest text, any quest-scripting, player skills, skill handling, monster spawn areas, boss location and scripting, etc was all server-side. The raw content - images, textures, models, etc may be all client-side but at least as of the time I was messing with it (which I'll admit was several years ago) the server was responsible for the glue keeping it all together and making it a game. Otherwise you're just wandering around in a dead world. There were several databases available - those that tried to make it as much blizz-like as possible (advertised as such) plus various remixes and versions that usually played with superpowering everything.

    I could see them going after them for copyright if they've directly copied the quest texts and NPC dialog and such.

  47. No real point to a Linux client ... by Anonymous Coward · · Score: 0

    linux client, you greedy bastards...

    There was one internally. Would have been a loss to maintain, distribute and support. Helpful for debugging, bugs manifest different with a different OS/compiler. But the Mac client largely covers that. And the Wine team works to make sure WoW runs, so a native client would be somewhat redundant.

  48. 3rd party can't induce others to violate contract by Anonymous Coward · · Score: 0

    I'm not a lawyer but I believe there is a thing called tortious interference with a contract (or something like that). It basically involves a 3rd party encouraging other people to violate a contract. The 3rd party can be liable for doing so.

  49. Tortious Interference by Anonymous Coward · · Score: 1

    "Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract). There is also a tort of negligent such interference."
    https://en.wikipedia.org/wiki/...

    Seems the server folks are intentionally interfering with contracts between WoW client software licensees (gamers) and the owner of the WoW client software (Blizzard).

    1. Re:Tortious Interference by Anonymous Coward · · Score: 0

      Under US law, perhaps.

      Under European law, if you buy it, you bought it. And the WoW client is sold in regular stores. The EULAs that say otherwise are only valid if they are accepted before the money changes hands, which is usually the case for downloads, but NOT for buying in a store.

      So that would be between the WoW client software owners (gamers) and the owner of the copyrights to the WoW client software. The only contracts that come into play are those for accessing the server - but in this case, Blizzard doesn't own the server.

    2. Re: Tortious Interference by Anonymous Coward · · Score: 0

      TTIP will take care of that little insignificant detail.

  50. Re:Illegal??? What law did they break, exactly? by Rakarra · · Score: 1

    Which really wouldn't make too much sense. Most of the subscribers of WoW have been there for years. They already played vanilla in many cases. There may be new people who just wanted to experience WoW as it used to be, but if they have the client, they bought the game or got the client somewhere. And they will probably want to move on to new content when they are done with vanilla. There's only so many Molten Core runs you can make, after all.

    There's a further benefit as well -- it takes some of the rosiness off of those rose-tinted glasses that many oldtimers (myself included) use when talking about Vanilla. I've played on the Vanilla servers recently and it was kindof fun, but I realized quickly... the game really has improved since Vanilla. There are a lot of things that work a lot better, the combat is better paced, it gets boring walking slowly over lands with no actual content, and there is a lot of syntactic sugar that just makes the game "feel" better. Running around as a warrior at level 10 with heroic strike being my ONLY damaging special ability, and having to auto-attack for 10 seconds to get the rage to use it just once, then rinse and repeat... yeah, that's kindof boring!

  51. Re:Illegal??? What law did they break, exactly? by BronsCon · · Score: 1

    The users modifies a plain-text file (realmlist.wtf).

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  52. I am confused by Anonymous Coward · · Score: 0

    ... against Blizzard's Terms of Use.

    Is Blizzard claiming they own 'Nostalrius'? If not, fuck off. IANAL but in most countries one is free to choose a service provider, it doesn't matter that Blizzard owns the Client. Imagine if Windows computers could refuse to visit www.apple.com and play.google.com?

    Why can Blizzard maintain a 16 year-old game but not a 10 year-old game? 'Nostalrius' servers shows there is a demand for their product which can be monetized. Even having old software in use should be a good thing for the developer: I doubt Blizzard is complaining people still play their 20 year-old 'Starcraft' game?

  53. Blizzard isn't a government... by Anonymous Coward · · Score: 0

    Sorry Blizzard, but you are not a government entity, you do not get to write laws or get to say what is and what isn't illegal.

    If fans develop their own servers to run an older version of the product, that's their business as you're no longer actively developing that old version. It's abandonware as you've gone to newer versions, basically changing the game so that it no longer bears any resemblance to the 2006 version of the game.

    If those fans were making money off of it, that would be one thing, but to claim that they can't play the version they love? Fuck that and fuck you.
    It would be like the makers of D&D sending cease and desist letters to everyone playing by third edition rulesets because the 5th edition ruleset is now available.

  54. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    You need to read again:

    The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Game. You agree that you will not, under any circumstances:

    F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Blizzard;

    There is such a clause, and you missed it.

    And regardless of any agreements that the server operators may or may not have made, they don't have the rights to the Blizzard Client.

  55. Re:Illegal??? What law did they break, exactly? by rtb61 · · Score: 2

    1st Commandment of Capitalism Rebellion: If you or people you like have been screwed over by capitalism and have bugger all, pissing people off who have vastly more than you by taking steps to ensure they end up with less, is OK, as long as costs them far more than it costs you ie you might have to spend thousands but as long as it costs them billions, that's cool (consider it capital redistribution). So how much did the Panama papers person spend in order to cost others billions.

    --
    Chaos - everything, everywhere, everywhen
  56. Tor Weather EOL by Anonymous Coward · · Score: 0

    "On first read (as a non-player of the game) the headline looked like a severe weather event had caused the server to go down (leading to the thought that this might help the game's owners find it if the routes to it were somehow hidden, as with Tor)."

    Well... I'll just leave this here:

    https://weather.torproject.org...

    "Tor Weather

    As of April 4, 2016, Tor Weather has been discontinued.

    Tor Weather provided an email notification service to any user who wanted to monitor the status of a Tor node. Upon subscribing, they could specify what types of alerts they would like to receive. The main purpose of Tor Weather was to notify node operators via email if their node was down for longer than a specified period, but other notification types were available, including one where operators would be informed when their node was around long enough to qualify for a t-shirt.

    The main reason for discontinuing Tor Weather is the fact that software requires maintenance, and Tor Weather is no exception. Tor Weather was promising t-shirts for relays that have not been around long enough or that provided too little bandwidth to be useful to the network, and it was almost impossible to deny a t-shirt after Tor Weather has promised it. Apart from that, Tor Weather was likely not offering t-shirts to people who have long earned it, thereby confusing them. An unreliable notification system is worse than not having a system at all. Relay operators shouldn't rely on Tor Weather to notify them when their relay fails. They should rather set up their own system instead.

    We have tried to find a new maintainer for Tor Weather for years, but without success. We started rewriting Tor Weather using Onionoo as data back-end in 2014, and even though that project didn't produce working code, somebody could pick up this efforts and finish the rewrite. The Roster developers said that they're planning to include an email notification function in Roster. And we developed a simple Python script that provides information about a relay operator's eligibility for acquiring a t-shirt. None of these alternatives is a full replacement of Weather, though.

    We encourage the community of Tor relay operators to step up to start their own notification systems and to share designs and code. Tor Weather is still a good idea, it just needs somebody to implement it.

    Tor Weather is discontinued in two steps. For now, new subscriptions are disabled, new welcome messages are not sent out anymore, and existing subscriptions continue working until June 30, 2016. From July 1, 2016 on, Tor Weather will not be sending out any emails.

    Sorry for any inconvenience caused by this."

  57. Blizzard : Still just the dessicated husk draped by waspleg · · Score: 1

    over the skin-suit wearing Activision business Nazis. I didn't even know this was still a thing. I heard of pirate servers years ago and I thought they were all sued in to oblivion then.

  58. They should hand over the server to blizzard by Anonymous Coward · · Score: 0

    If they hand over the server to Blizzard it will put them in a bit of a PR spot, and they won't easily be able to shut the service down as their will be an outcry. (150K active user base) - and as we all know Bli$ard has been creaming it for years, its about time they put something back.

    I seriously doubt that the people currently hosting the service are making any money so from a financial point of view it will be a non issue.

  59. Re:And will the car manufacturers start pulling th by Anonymous Coward · · Score: 0

    John Deere is already doing it. Cars can't be far behind.

  60. Demand not met by Anonymous Coward · · Score: 0

    Maybe blizzard should take a hint and run classic servers too? Clearly there is demand for them...

  61. This is why games should be freely licensed. by Jastiv · · Score: 1
    If online MMORPGS had all free software (open source) code and free culture assets (such as the artwork quest writing, music etc,) this scenario would never happen. We need to get the organization and money together to make this happen.

    Blizzard did not handle this very well even compared to other gaming companies, while they could have either ignored it like Ultima Online or made an old school server like Runescape.

  62. Re:And will the car manufacturers start pulling th by Anonymous Coward · · Score: 0

    And will the car manufacturers start pulling the same BS to lock out 3rd part repair shops?

    Or better yet, start locking out 3rd party petrol, or 3rd party battery chargers.."i'm sorry sir, you dont own your model s, because when you used a 3rd party charging station, you violated the eula under which terms your license to possess the model s is now recinded to be effected immediately by remote deactivation ... oh dont be silly sir, the fact that YOU thought there was a sale is irrelevant..nobody can own things anymore ho ho"

  63. Nice by m76 · · Score: 1

    So what they're saying is: "It's not about the money, we just like being dicks"

  64. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    The Blizzard case way back was fascinating, and they won in court. That was the case where Blizzard essentially claimed they have never, ever sold a game. Not a single copy. "Title was not transferred" is how they put it, because the EULA was magically invoked and retroactively made the sale not have happened.

    And US courts has upheld this several times. However, France is not yet US jurisdiction, and under EU law, a sale is a sale. It cannot be undone via a EULA (aka. a "contract after the fact", which is automatically invalid). The only case an EULA is valid is when it's accepted before the money changes hands, which is pretty much limited to downloads and business-to-business transactions. WoW may be download only nowadays, but you used to be able to buy it in regular stores.

    Those who bought it in a store bought it. The EULA cannot override the law.

  65. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Who did they learn this from? *cough* Microsoft *cough*

  66. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Just because a contract says something doesn't make it the law. Just because some fallible officers of the court made some regrettable decisions in the past does not make them moral arbiters. I could have you install software and click through a EULA that says by not killing your own family, you are in violation of the terms of the agreement. No court in the world would agree that it meant anything even if you came and had it signed and notarized in front of five supreme court justices and the vice president of the US.

    Do not give in to oppression :P

  67. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Good Luck shutting down the Pirate WOW server in Cuba

  68. Exactly how much money did Blizzard lose? by wardrich86 · · Score: 1

    How much was Blizzard losing off of people playing a version of the game that is no longer for sale? I sincerely hope that all of these players just move onto another hacked server and don't pay a damn cent to Blizzard to get into an official server.

  69. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    (b) IMO doesn't even apply.
    Someone who wants to get into WoW for free will not be looking for a Vanilla server, when there are highly populated WotLK and Cata servers out there (maybe even Pandaria, haven't looked into it for a few years). I suspect that Vanilla servers are still very much behind in terms of accuracy. I've played on WotLK private servers a few years ago (and had played the real deal extensively when it was live) and even with all private servers running on the same patch with the same software/DB and pooling their development resources they were still quite a bit off, even after years of development.

  70. What nerve by piojo · · Score: 1

    "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers -- it simply boils down to the fact that private servers are illegal, and that's that."

    What a load of trite, cowardly, disingenuous crap!

    --
    A cat can't teach a dog to bark.
  71. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Settings are *purely* functional, and therefore do *not* qualify for copyright.

  72. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    I checked those thousand other game makers. I played a lot of their games. Then I went back to playing World of Warcraft and Diablo 3. They can stick whatever they want in their EULA and I'm totally fine with that. Lots of other people are too judging from their sales numbers.

    But the Internet Freedom Police post more than everyone else so you get topics like this one.

  73. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Violating ToU=no longer have a license to use copyrighted materials=violating copyright.

  74. THIS is theft. by Anonymous Coward · · Score: 0

    The work of others done is being stolen by Bliz over a right they don't have except by extrajudicial imperative and bribing for the "right" laws to be moved so that it doesn't have to be copyright infringement for it to be blocked.

    This was one of the reasons I didn't care when DIII became online only and I refused to bother wondering about getting it any more. And why their actions in patching DII is of little actual value in making me feel they know what they're doing and care about their work and responsibilities.

    And it's why I really couldn't give a rats ass about actual for-profit piracy and discard utterly, even if justified by actual harm, any whining about losses from the content industry. Including the assholes whining about adblocking.

    Unlike them, I can't get laws passed in my favour.

    What I CAN do is ignore the laws and give not a fig for their problems.

  75. They don't use Bliz assets. by Anonymous Coward · · Score: 0

    The assets are all on the client side.

    1. Re:They don't use Bliz assets. by Anonymous Coward · · Score: 0

      Where they need to be, yes.

      And their server won't do much good without those assets.

      They're kinda stuck, as they don't have a neutral platform, but a WOW specific one.

  76. Then why are you spending money by Anonymous Coward · · Score: 0

    to protect something you don't even use and get money for?

    As a shareholder, you'd still have them for wasting money on this threat. Not to mention that "goodwill" IS a line item on a balance sheet, and this just shit all over it.

  77. It's still not their copy. by Anonymous Coward · · Score: 0

    It belongs to the owner, and an EULA isn't required to run a product for its intended purpose, even if a copy is required, because it is part of the implied contract: that purchase allows you use of the product, otherwise there's nothing being sold.

    An EULA is also not under contract law, since it's not a contract. It claims to be a license, but doesn't actually license anything that isn't already possible, and the restrictions are not license compatible. It cannot be a contract either, since a contract requires at the very least consideration for the one being bound, and no consideration is transferred (again, if it's "you can use the product", then that is already in the implied terms of a purchase).

    However, lawyers don't care what the law says, just what they can get away with under what the law says. And the more wealth you have, the more your assertions will win. And under the adversarial system, nobody is allowed to say "That is unjust", because you need standing first.

  78. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    Which would be creating an unauthorized derived work from the original text file.

    It probably passes fair use if you do it yourself to you own copy of a legitimately installed file. However publishing the edited file (like say as part of explaining how to connect to the alternate server) would be a violation. It would be a similar infringement to trying to publish a book that was just "Harry Potter and the Sorcerer's Stone" but with the Character Dumbledore renamed "Thumbledore".

  79. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    EULA is valid, when you accept it during installation or opening the package(if it's included). If you don't, you are supposed to be able to get your money back. Of course not all of the shit that's written in the EULA is legally binding even if you accept it. Same goes for games bought online, only it's harder to be able to exercise your rights.

  80. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    You have a problem with someone else fighting for your rights?

  81. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    Case law says otherwise.

  82. Re: Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    What? What a horrible comparison.

  83. The Law is Working Correctly Here by sampson7 · · Score: 1

    Totally agree with the parent. But I think there's something that all you techies need to understand (and I don't say that as a slam, just that there is a wide divide here). Lawyers look at this case and see a long, rich tradition of people taking a series of arguably lawful steps to accomplish an unlawful goal. Judges have very little patience for this type of obfuscation; instead, the judge in a case like this is going to ask a couple of fundamental questions:

    1) Who owns the intellectual property at issue here?

    2) Is the allegedly infringing party doing something that feels like an invasion of the owner's intellectual property?

    If the answer is "yes" to both questions, then it just becomes a matter of examining affirmative defense (such as Fair Use) and then developing a legal justification for why the infringing activity should be stopped.

    This case seems like a slam dunk to me. Blizzard invested its capital to create a product. Blizzard has the right to profit from that investment. I have little sympathy for parties suggesting that because what they are doing isn't technically "copying" that they aren't trying to recreate the look & feel & enjoyment provided by the product. Listen, I despise the DCMA as much as the next lawyer, but does anyone really think Blizzard isn't entitled to stop people free-loading?

    1. Re: The Law is Working Correctly Here by Anonymous Coward · · Score: 0

      There is no such thing as "intellectual property". This is a result of DMCA shenanigans, not copyright, patent, or trademark.

    2. Re: The Law is Working Correctly Here by Anonymous Coward · · Score: 0

      You should learn about the c in Dmca...

  84. bnetd by scumfuker · · Score: 1

    This isn't the first time that Blizz has went server emulation. They shut-down bnetd years ago, which has since been succeeded by PVPGN. I'm not sure what makes PVPGN less of a target than bnetd, as far as I can tell it's an updated fork.

    https://en.wikipedia.org/wiki/...

    1. Re:bnetd by scumfuker · · Score: 1

      Slashdot article here:

      https://news.slashdot.org/stor...

  85. Re:Illegal??? What law did they break, exactly? by Anonymous Coward · · Score: 0

    When they chose to be a dick about it while only discussing half the issue - then yes, I do.

  86. Saying "it's illegal" is a stupid argument... by the_pouar · · Score: 1

    Saying "it's illegal" is a stupid argument when you're the only one trying to make it illegal

  87. Re:Illegal??? What law did they break, exactly? by BronsCon · · Score: 1

    The file is one line in length, a couple dozen characters. You're literally changing all except the first 8 or so characters of the file; more is changed than unchanged. That falls under fair use no matter what, in the worst case. It would be similar to trying to publish a book where that was nothing like "Harry Potter and the Sorcerer's Stone" except for one of the characters being named Dumbledore.

    I don't even play WoW; I just did 45 seconds of research before I spoke. Try it next time.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  88. Re:Illegal??? What law did they break, exactly? by erapert · · Score: 1
  89. Starwars Galaxies by Rexdude · · Score: 1

    There are still 'pirate' servers of the discontinued Starwars Galaxies MMO. Unlike the present 'The Old Republic' MMO which is entirely combat and story focused, the old one was totally free form, i.e. you could choose professions and create and trade items without getting into any PvP/PvE.
    Now that The Mouse is in charge, expect them to also get shut down like this.

    --
    "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."